Here to Serve Restaurants responds to lawsuit from landlord

990909 ATLANTA,GA: Tom Catherall [cq] , owner/ex. chef of Noche with margaritas at his new Virginia-Highland eatery. For PREVIEW/Kessler review. (WILLIAM BERRY/staff) 9-9-99 Tom Catherall at Noche (AJC Staff)

Credit: John Kessler

Credit: John Kessler

990909 ATLANTA,GA: Tom Catherall [cq] , owner/ex. chef of Noche with margaritas at his new Virginia-Highland eatery. For PREVIEW/Kessler review. (WILLIAM BERRY/staff) 9-9-99 Tom Catherall at Noche (AJC Staff)

Here to Serve restaurants -- The Atlanta restaurant group that operates more than a dozen area hotspots including four locations of Noche -- has lobbed the latest volley in a fight with one of its landlords. Founder Tom Catherall has transferred controlling interest in the company to his wife, Leigh Catherall, as part of a divorce settlement. That didn't sit well with Simon, owner of the Lenox Square and Phipps Plaza, where the restaurants Prime and Twist operate, respectively. Simon filed a lawsuit in federal court on December 12, saying that the leases were transferred in Ms. Catherall's name wrongfully.

Today the restaurant company released this statement:

Here To Serve CEO and co-founder Leigh Catherall and her attorneys maintain that landlord consent for the assignment of leases at Phipps Plaza and Lenox Square concerning Here To Serve restaurants, Twist and Prime, is not required. Here To Serve will continue to operate Twist and Prime, working diligently with Simon Properties to resolve any misunderstanding that may have occurred. Twist and Prime have been successful tenants for Simon Properties, and Here To Serve Restaurants looks forward to continue that prosperous and beneficial relationship in 2015 and beyond.

To be continued...